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The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017

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6.—(1) Where the applicant proposes to submit an environmental statement, these Regulations apply to the applicant and relevant application—

(a)as they apply to appellants and appeals, in the cases of proposed actions under section 141 of the 1990 Act—

(i)to grant planning permission;

(ii)to revoke or amend the conditions attached to a planning permission;

(iii)to direct that, if an application for planning permission were made, it must be granted; and

(b)as they apply to the initiating body and a proposed section 97 order or a proposed section 102 order, in the cases of proposed actions under section 141 of the 1990 Act—

(i)to revoke or amend conditions attaching to such an order;

(ii)to amend such an order.

(2) Where the applicant proposes to submit an environmental statement the applicant must comply with the provisions of article 12(7A)(1) of the 2012 Order (publicity for applications for planning permission) as if the environmental statement had been submitted in relation to a planning application falling within article 12(2) of the 2012 Order and as if, in article 12(7A) to the 2012 Order the references to an application for planning permission were to a proposal to act under section 141(2) or (3) of the 1990 Act.

(3) Where the Welsh Ministers are aware that any particular person is or is likely to be affected by, or has an interest in, the application, who is unlikely to become aware of it by means of electronic publication, a site notice or by local advertisement, they must notify the applicant of any such person.

(4) An applicant who receives a notification under paragraph 5 of this Schedule, may within 21 days beginning with the date of the notification, confirm to the Welsh Ministers in writing that an environmental statement will be provided.

(5) If the applicant does not write in accordance with paragraph (4), at the end of the 21 days the Welsh Ministers must not take action under section 141(2) or (3) of the 1990 Act.

(1)

Article 12(7A) is inserted in the 2012 Order by paragraph 1(3)(h) of Schedule 9 to these Regulations.

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